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DEPARTMENT OF FISH & G. OF ST. OF CAL. v. FEDERAL POWER COM'N

No. 20435.

359 F.2d 165 (1966)

DEPARTMENT OF FISH AND GAME OF the STATE OF CALIFORNIA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 8, 1966.

Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen., Ralph W. Scott, Deputy Aty. Gen., San Francisco, Cal., for petitioner.

Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Washington, D. C., for respondent.

Gregory A. Harrison, Malcolm T. Dungan, John E. Sparks, of Brobeck, Phleger, & Harrison, San Francisco, Cal., for intervenor.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

In our previous decision in this case we remanded to the Commission "for further proceedings, not inconsistent with this opinion, relating to the cost of operating and maintaining the fish trapping and egg taking facilities, and for such clarification of Article 50 as it may desire to make." (Pacific Power & Light Co. v. FPC, 1964, 333 F.2d 689, 697.) Certiorari was sought by the Department of Fish and...

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